Accident or Illness On Board a Cruise Ship?
Want to know more about making a Cruise Compensation Claim?
WARNING – YOU HAVE A LOT LESS TIME TO MAKE AN ACCIDENT CLAIM ON A CRUISE THAN FOR CONVENTIONAL CLAIMS – CONTACT SIMPSON MILLAR TODAY FOR A FREE CONSULTATION OR YOU COULD LOSE YOUR STATUTORY RIGHTS
Have you suffered an injury or illness onboard a cruise ship and are looking for expert accident advice? Thinking about making a cruise compensation claim?
Whether you have had an accident onboard a cruise ship caused by, for example, slipping on a wet deck or you have suffered from food poisoning due to a lapse in hygiene standards you have powerful legal rights to claim compensation for your personal injury.
The law relating to international cruises can be complicated, as can the process of making a personal injury claim. By instructing Simpson Millar, the law firm behind On Holiday Claims, we will help you overcome all the hurdles which include:
- Time limits for making a cruise claim.
- Knowing what cruise liner or operator to sue.
- Knowing which maritime laws or international conventions may apply.
- Knowing which court to issue in – the Admiralty Court or County Court.
If Simpson Millar solicitors accept your claim you do not need to worry about any of these potential pitfalls.
Responsibility for an Accident Onboard a Cruise Liner
If you are considering making a cruise compensation claim you need expert advice about the law relating to maritime and cruise accidents.
The Athens Convention applies to ‘International carriage by sea’. This is:
- When the cruise liner’s port of departure and the destination are different, or
- Where the ship’s port of departure and destination are the same but there is a port of call during the cruise in a different country
The cruise line’s responsibility for the safety of the ship’s passengers begins from the point of embarkation and ends after the point of disembarkation.
It is very important to know whether or not the Athens Convention or other regulation applies if you have suffered an accident at sea.,
When the Athens Convention applies, an injured passenger has only 2 years from the date of suffering their injury or illness to commence proceedings in the Admiralty Division of the High Court. If court proceedings are not issued in time then claim will be time barred. You usually have three years in the County Courts which may sound like a lot but for high value accident claims, when the extent of the injury and life-changing consequences may not be known immediately, it can take a lot longer to prepare your claim so you do not lose out.
The Athens Convention provides a fault based regime and operates in favour of the injured passenger – it imposes a presumption of fault on the carrier meaning the cruise line must prove the accident wasn’t their fault if the passenger was injured or became ill during the cruise.
This area of law is complex and there are other rules that apply. For example by virtue of the Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987 the provisions of the Athens Convention apply to voyages from ports in the UK that do not have any other intermediate ports of call.
Package Holiday Cruise Accidents
If your cruise departed from a foreign destination without any intermediate ports of call then you may be able to rely on the Package Travel and Linked Travel Arrangements Regulations 2018 to pursue a claim assuming the tour operator is a UK company.
Many holidaymakers have additional legal rights. If the holiday was a package holiday protected by the Package Travel and Linked Travel Arrangements Regulations 2018 then a claim for compensation for an injury caused during the cruise can be pursued against the tour operator who is responsible for their suppliers – including cruise operators.
Knowing who to sue could is crucial. The operator may be based in one country; the ship itself may be owned by another and may fly under the flag of a completed unrelated nation. The recent P&O sackings show how UK law may not have the same jurisdiction to shipping companies as they do in the UK.
We have lawyers who will help you navigate through the minefield of complexities to make sure you chances of making a successful claim are maximised.
Also, if the cruise was purchased for using a credit card (not a debit or charge card) and the price of the cruise exceeded £100 the passenger then has the choice of pursuing their credit card company instead. The passenger will have a ‘like’ claim for compensation against their credit card provider by virtue of Section 75(1) of the Consumer Credit Act 1974.
The Consumer Credit Act 1974 enables consumers to have the option of pursuing either the supplier of the services or the credit card provider providing they have a valid claim against the supplier of the services.
The Consumer Credit Act 1974 can provide passengers injured in cruise accidents, who are neither protected by the Athens Convention, Package Travel and Linked Travel Arrangements Regulations 2018 nor any other domestic laws, with access to legal redress and compensation.